January 2010

Rights holders to fund 75% of web crackdown

Record labels and film studios will have to bear most of the cost of tackling online piracy, the UK government said on Thursday.

Stephen Timms, Treasury minister, told media executives gathered at the Oxford Media Convention that rights holders should pay 75 per cent of charges arising from the government's plans to clamp down on Internet file-sharing, as they would be the "primary beneficiaries" of the scheme, which ministers estimate will cost £500m over 10 years. Internet service providers will pay the remaining 25 per cent. Under the Digital Economy Bill being debated in the House of Lords, broadband subscribers spotted by rights holders swapping songs or films online without the consent of copyright owners will be sent letters by their ISPs. Persistent offenders could face temporary suspension of their Internet access. The music industry had argued for costs to be split evenly between ISPs and rights holders. The BPI, which represents record labels, said 75 per cent was not a "fair or proportionate allocation" for rights holders.

When the Media Is the Disaster: Covering Haiti

[Commentary] Soon after almost every disaster the crimes begin: ruthless, selfish, indifferent to human suffering, and generating far more suffering. The perpetrators go unpunished and live to commit further crimes against humanity. They care less for human life than for property. They act without regard for consequences. I'm talking, of course, about those members of the mass media whose misrepresentation of what goes on in disaster often abets and justifies a second wave of disaster. I'm talking about the treatment of sufferers as criminals, both on the ground and in the news, and the endorsement of a shift of resources from rescue to property patrol. They still have blood on their hands from Hurricane Katrina, and they are staining themselves anew in Haiti.

Promoting the Freedom to Connect

In a much-anticipated speech on Internet freedom Thursday morning, Secretary of State Hillary Clinton noted that the spread of information networks is forming a new "nervous system for our planet" providing "more ways to spread more ideas to more people than at any moment in history."

"On their own," she said, "new technologies do not take sides in the struggle for freedom and progress, but the United States does. We stand for a single Internet where all of humanity has equal access to knowledge and ideas. And we recognize that the world's information infrastructure will become what we and others make of it. Now, this challenge may be new, but our responsibility to help ensure the free exchange of ideas goes back to the birth of our republic. The words of the First Amendment to our Constitution are carved in 50 tons of Tennessee marble on the front of this building. And every generation of Americans has worked to protect the values etched in that stone."

Noting other networks that facilitate the exchanges between individuals, Sec Clinton stressed the importance of the Internet: "a network that magnifies the power and potential of all others. And that's why we believe it's critical that its users are assured certain basic freedoms," including the freedom to connect the idea that governments should not prevent people from connecting to the Internet, to websites, or to each other.

Supreme Court Rips Up Campaign Finance Laws

The decades-old system of rules that govern the financing of the nation's political campaigns was partially upended by a U.S. Supreme Court ruling issued just ahead of the pivotal 2010 midterm congressional election season.

Thursday's landmark decision, approved by a 5-4 margin, could unleash a torrent of corporate and union cash into the political realm and transform how campaigns for president and Congress are fought in the coming years. Republicans and Democrats scrambled to untangle the full implications of the decision to overturn a 20-year-old Supreme Court ruling that barred corporations from spending freely to support or oppose candidates.

"It's the most major Supreme Court decision in the area of campaign finance in decades — and a significant First Amendment decision," says Nathaniel Persily, a political scientist and law professor at Columbia University. "We don't know its practical impact yet, and I don't think it's the last word from the court," he said.

The new ruling blurs the lines between corporate and individual contributions in political campaigns. It also strikes down part of the 2002 McCain-Feingold campaign finance law that banned unions and corporations from paying for political ads in the waning days of campaigns. Some important limits do remain intact: Corporations still cannot give money directly to federal candidates or national party committees. That ban dates to 1907. The justices also upheld some other restrictions, including disclosure requirements for nonprofit groups that advocate for political candidates.

President Barack Obama said, "With its ruling today, the Supreme Court has given a green light to a new stampede of special interest money in our politics. It is a major victory for big oil, Wall Street banks, health insurance companies and the other powerful interests that marshal their power every day in Washington to drown out the voices of everyday Americans. This ruling gives the special interests and their lobbyists even more power in Washington--while undermining the influence of average Americans who make small contributions to support their preferred candidates. That's why I am instructing my Administration to get to work immediately with Congress on this issue. We are going to talk with bipartisan Congressional leaders to develop a forceful response to this decision. The public interest requires nothing less."

"I think it takes an already bulked up [election season] and puts it on steroids," said Evan Tracey, president of TNS Media Intelligence's Competitive Media Analysis Group, which tracks campaign finance spending. He suggested the decision's biggest impact could be on last-minute spending in major races. Campaign finance advocates said the court's decision could also fuel more spending across the board.

Tim Kay, director-political strategy at National Cable Communications, said there would be no doubt about increased spending, but that's not necessarily a good thing. In a statement, he said that the boost to overall spending "will clutter the airways, hampering the ability of the candidates to define themselves and their opponents. This decision makes it even more important to be smart and targeted with your money -- particularly candidates with limited resources."

Additional links:
Justices, 5-4, Reject Corporate Spending Limit (NYTimes)
http://www.nytimes.com/2010/01/22/us/politics/22scotus.html?ref=todayspaper
Court Kills Limits On Corporate Politicking (WSJ)
http://online.wsj.com/article/SB2000142405274870369920457501694293009015...
Supreme Court rejects limits on corporate spending on political campaigns (WashPost)
http://www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR201001...
Supreme Court's campaign finance ruling could bring flood of ads (LATimes)
http://www.latimes.com/news/nation-and-world/la-na-campaign-finance-anal...
Court ruling on campaign spending could pay off for GOP (LATimes)
http://www.latimes.com/news/nation-and-world/la-na-fallout22-2010jan22,0...
What the court's ruling does (WashPost)
http://www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR201001...
High court shows it might be willing to act boldly (WashPost)
http://www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR201001...
How Supreme Court voted on Citizens United v. FCC (WashPost)
http://www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR201001...
Campaign finance ruling reflects Supreme Court's growing audacity (WashPost)
http://www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR201001...
The Supreme Court removes important limits on campaign finance (WashPost)
http://www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR201001...
Citizens United used 'Hillary: The Movie' to take on McCain-Feingold (WashPost)
http://www.washingtonpost.com/wp-dyn/content/article/2010/01/21/AR201001...
It's a new era for campaign spending (USAToday)
http://www.usatoday.com/printedition/news/20100122/1acourt22_cv.art.htm
Court's campaign ruling threatens the public interest (USAToday)
http://www.usatoday.com/printedition/news/20100122/editorial22_st.art.htm
Don't worry. Big-spending corporations won't dominate U.S. politics (USAToday)
http://www.usatoday.com/printedition/news/20100122/editorial22_st1.art.htm
High court opens the floodgates (USAToday)
http://www.usatoday.com/printedition/news/20100122/column22_st3.art.htm
Money talks, high court rules (SF Chronicle)
http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2010/01/22/EDIL1BLS5N.DTL
The 'Hillary' effect: What Supreme Court's ruling means for Hollywood (Variety)
http://www.variety.com/article/VR1118014133.html?categoryid=13&cs=1&nid=...(Variety+-+Latest+News)&utm_content=Google+Reader

House Panel Approves Spectrum Bills

The Subcommittee on Communications, Technology, and the Internet approved, by voice vote, H.R. 3125, the Radio Spectrum Inventory Act, and H.R. 3019, Spectrum Relocation Improvement Act of 2009. The bills were forwarded to full House Commerce Committee.

The only amendment to either bill was a substitute amendment to H.R. 3125 authored by Subcommittee Chairman Rick Boucher (D-VA). Among the changes in the amendment, which was adopted by voice vote, were provisions strengthening protections for spectrum users who fear disclosure of their usage information could harm national security. The bill previously would have only allowed Federal agencies to object to disclosure of their spectrum use. Boucher's amendment also added language that would require the National Telecommunications and Information Administration and Federal Communications Commission to update and maintain the national spectrum inventory on a regular basis, including making note of spectrum auctions and any manner of frequency license transfers or reassignments.

The Spectrum Relocation Improvement Act would hasten the process by which spectrum users clear bands when directed so new licensees could take possession of spectrum that had previously been won at auction. The bill seeks to address delays by Federal agencies in clearing bands of spectrum purchased by T-Mobile to build out the carrier's 3G network. The carrier has reported numerous delays by Federal agencies which cite national security concerns in refusing to release the spectrum.

FCC Launches Examination of the Future of Media

The Federal Communications Commission launched an initiative on the future of media and the information needs of communities in the digital age.

This initiative will examine the changes underway in the media marketplace, analyze the full range of future technologies and services that will provide communities with news and information in the digital age, and, as appropriate, make policy recommendations to the FCC, other government entities, and other parties.

The Commission issued a Public Notice posing preliminary questions that the FCC will consider as it prepares a report on the future of media in the digital age later in 2010. Initial topics under consideration include: the state of TV, radio, newspaper, and Internet news and information services; the effectiveness and nature of public interest obligations in a digital era; the role of public media and private sector foundations; and many others. The initiative will not include any effort to control the editorial content of any type of media. The FCC also launched a preliminary Web site that will serve as an arena for public discussion on the future of media and any public policy recommendations. At launch, the Web site includes a forum for citizens and experts to weigh in on key questions, and an area for consumers to describe the health of, or problems with, media in their communities. The public can participate in the proceeding via the traditional comment filing system, as well as the Future of Media Web site.

The effort is being led by former journalist and Internet entrepreneur Steven Waldman, who recently joined the FCC as senior advisor to Chairman Genachowski, and a working group of experts from throughout the FCC.

Comments are due March 8, 2010.

FCC's Baker Says Government Should Stay Out of Journalism

In a speech to The Media Institute in Washington on the future of journalism, FCC Commissioner Meredith Attwell Baker conceded that like many other industries, journalism is at a crossroads. But she said she disagreed that government needed to step in to fund the business.

"I oppose the proposition that at the first sign of a challenge the government should step in and fix it," she said. "Our nation has flourished for over 200 years with a strong independent press as a check on government abuse. This tradition should not be discarded so easily." She said tomorrow's journalist won't be a "a man with a fedora and a typewriter," but that the core attributes should remain" objective, fact-based reporting that uncovers the truth about power and powerful interests, private and public. Among those core values are independence from government, she suggests.

Sorting Out Journalism's New Funding Proposals

All fall, they came fast and furious: Another conference or report on new funding models to reinvent and save journalism. Conferences at Harvard, Yale, Aspen, and reports from the Knight Foundation and Columbia University's Journalism School, just to name a few. The consensus? There wasn't one.

There are lots of ideas, but no clear picture yet of what will work. The Knight Foundation has been at the forefront of encouraging new models through grants to organizations that use digital open-source technology; are targeted at local and geographic, not virtual, communities; and allow universal access. The approach is that "Everybody should try new models," said Jose Zamora, a program associate in the foundation's journalism program. "There's no other way to find what's next than to experiment." So far, he said, crowd-funding — or soliciting direct donations for specific stories — as practiced at Spot.us seems to be doing well, as is a site called Printcasting.com, where writers and advertisers submit material to the site for readers to print out custom magazines. A Knight-funded hyperlocal aggregation site called Everyblock.com was purchased by MSNBC, he noted, which "in a way is a huge success in itself, recognition that we're doing something that's valued by the media world."

FCC Reform Headlines Agenda for February

Federal Communications Commission Chairman Julius Genachowski announced that the following items will be on the tentative agenda for the next open meeting scheduled for Thursday, February 11, 2010:

1) Ex Parte Reform: A Notice of Proposed Rulemaking to improve the transparency and effectiveness of the FCC's decision-making process by reforming the ex parte rules.

2) Procedural Reform: A Notice of Proposed Rulemaking to enhance the efficiency, openness, and transparency of the Commission's proceedings by improving and modernizing certain organizational and procedural rules.

3) E-Rate: An Order and Notice of Proposed Rulemaking to enable schools that receive funding from the E-Rate program to allow members of the general public to use the schools' Internet access during non-operating hours at no additional cost to the Universal Service Fund. This order and notice do not permit or require any changes to E-Rate applications due on February 11, 2010.

4) National Broadband Plan Status Report: Commission staff will report on the status of the National Broadband Plan, providing a framework for the national purposes portion of the Plan.

FCC Network Neutrality Workshop Examines Importance of Transparency

The Federal Communications Commission in a Tuesday workshop explored consumer choice, user control of their online experience and the importance of transparency. The agency's fourth Open Internet Workshop on Consumers, Transparency and the Open Internet focused on the sixth principle of network neutrality - transparency.

That principle states: "subject to reasonable network management, a provider of broadband Internet access service must disclose such information concerning network management and other practices as is reasonably required for users and content, application, and service providers to enjoy the protections specified in this part."

In opening remarks, FCC Chairman Julius Genachowski said that the sixth principle was most important because it provides consumers with the most information possible to make the best decisions and it also reduces government involvement in dispute by creating direct access to more publicly available information.

Benton

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